Public Health (Tobacco) (Amendment) Act 2009

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Amendment of section 37 of Principal Act.

5.— Section 37 (inserted by section 8 of the Act of 2004) of the Principal Act is amended by—

(a) the deletion of subsections (7) and (8),

(b) the substitution of the following subsections for subsections (9) and (10):

“(9) Where a person, who has made an application under subsection (3) is convicted of an offence under this Act before the Office has registered the person under this section, that person shall not be eligible to be registered under this section before the expiration of the period specified in the order under subsection (3) of section 5A (inserted by section 3 of the Public Health (Tobacco) (Amendment) Act 2009) made by the court upon conviction of the offence, and the Office shall, during that period, not perform any function under subsection (6) in relation to his or her application.

(10) Where a person who has made an application under subsection (4) is convicted of an offence under this Act during the period of 15 months after the commencement of this section but before the Office has registered the person under this section, he or she shall not be eligible to be registered under this section before the expiration of the periods specified in an order under subsection (4) of section 5A made by the court upon conviction of the offence, and the Office shall, during the periods so specified, not perform any function under subsection (6) in relation to his or her application.”,

(c) the insertion of the following subsection:

“(10A) Where a person who—

(a) immediately before the commencement of this section carried on, in whole or in part, the business of selling tobacco products by retail, and

(b) has not made an application under subsection (4),

is convicted of an offence under this Act during the period of 3 months after the commencement of this section, he or she shall not be eligible to be registered under this section before the expiration of the periods specified in an order under subsection (5) of section 5A made by the court upon conviction of the offence, and the Office shall, during the periods so specified, not perform any function under subsection (6) in relation to any application made by him or her to be registered under this section.”,

and

(d) the substitution of the following subsection for subsection (15):

“(15) (a) It shall be lawful for a person to sell a tobacco product, or cause a tobacco product to be sold by retail, in accordance with this Act, from premises in respect of which he or she is registered under this section.

(b) Subject to any order under subsection (4) or (5) of section 5A, it shall be lawful for a person who, immediately before the commencement of this section, carried on, in whole or in part, the business of selling tobacco products by retail, to sell a tobacco product, or cause a tobacco product to be sold, by retail, in accordance with this Act, during the period of 3 months after such commencement, from premises (being premises in respect of which he or she is not registered under this section) in which, immediately before such commencement, he or she carried on such business.

(c) Subject to any order under subsection (4) or (5) of section 5A, it shall be lawful for a person to whom paragraph (b) applies and who has made an application under subsection (4) to sell a tobacco product, or cause a tobacco product to be sold, by retail, in accordance with this Act, during the period of 12 months after the expiration of the period of 3 months referred to in that subsection, from premises (being premises in respect of which he or she is not registered under this section) in which, immediately before such commencement, he or she carried on such business.”.